Reconsideration and Judicial Review

The decision of the Board is normally final, and binding on the parties to the proceeding. There is no appeal of a Board’s decision, but there are circumstances under which the Board may reconsider its ruling.

RECONSIDERATION

If you have a good reason to ask the Board to reconsider its decision, you may do so by completing the appropriate form and providing the Board with the reasons for your request.

The Board will normally reconsider its decision only if there is new evidence that would influence the proceeding’s outcome, that was for some reason not available to the parties at the time of the original hearing. Reconsideration is not an opportunity to present the same evidence again, or to make the same arguments with a new approach.

The Board has historically granted requests for reconsideration in very limited circumstances.

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JUDICIAL REVIEW

If you are dissatisfied with a decision of the Board, you may seek to have it overturned in an application for judicial review.

Applications for judicial review are proceedings before an Ontario Court. These are not appeals in the traditional sense. The Court does not review the facts of a particular case--there is no calling of witnesses or giving evidence--but looks at the Board’s decision and determines if it was reasonable in all the circumstances.

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